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"AFFIDAVIT "
What is an Affidavit. “A written or printed declaration or statement of facts”. Blk’s Law Dict. 6th.
Bouvier’s Law Dict., Rawle’s 3rd. Rev., goes on to say:
A “denial upon information and belief, without stating the source of information and belief, can have no weight as against the appellant’ s positive affidavit as to what is still due him.”; (Cites omitted) so-called evidence on information and belief “ought not to be looked at at
all, not only unless the court can ascertain the sources of the information and belief, but also unless the deponent’s statements are corroborated by someone who speaks from his own knowledge.”; Such an affidavit should show that the persons from whom the information is obtained or absent or that there deposition cannot be attained.
Affidavit
should state fact nothing but the facts:
“[S]tatements in affidavits as to opinion, belief, or conclusions of law, are of no effect. Young v. First Bank of Bellevue (Neb 1994)516 N.W.2d 256; White v. Ardan, Inc., 430 NW 2d 27 - Neb: Supreme Court 1988; Eden v. Klaas, 165 Neb. 323, 328, 85 N.W.2d 643, 646 (1957)
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